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1. On March 16, 2016, the Defendant: (a) on March 16, 2016, with respect to the land size of 345 square meters before G and 12 square meters before H with respect to the Plaintiffs.
Reasons
1. Details of the disposition;
A. I filed a lawsuit against J, the owner of each of the lands listed in the Disposition No. 1 (hereinafter “instant land”) as the District Court Decision 2013Da162635, supra, to seek the registration of ownership transfer arising from the sale and purchase on April 22, 2009. On April 3, 2014, a decision of compulsory adjustment, including the decision to accept the said claim, was finalized.
B. On March 5, 2015, I (hereinafter “the deceased”) died, and his heir is the rest of Plaintiffs A and their children, who are the wife.
On March 2016, the Plaintiffs applied for the issuance of the qualification certificate for acquisition of farmland to the Defendant to complete the registration of ownership transfer on the instant land.
C. On March 16, 2016, the Defendant rendered a disposition rejecting the Plaintiffs’ application on the ground that “the instant land requires the issuance of a qualification certificate for acquisition of farmland for acquisition of farmland, or the restoration of the portion illegally changing the form and quality (use as a house), and cannot be issued under the present condition” (hereinafter “instant disposition”).
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 6, and 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Whether the disposition is lawful;
A. Since the father and the family members of the deceased alleged by the plaintiffs had built and resided in the land of this case from 1954, the land of this case is a site which is a housing site and does not constitute farmland.
Upon receipt of an application from the Plaintiff for the issuance of the qualification certificate for acquisition of farmland, the Defendant is obligated to issue the qualification certificate for acquisition of farmland in the following cases after confirming whether the pertinent land falls under farmland, or to issue the document certifying the non-use as farmland if not, but to return the application of the Plaintiffs.